ET Bundle – problems with bundle created by the respondent – Urgent Help needed

[MisTaken]

Hi,

 

I do have another thread for my ET case but I have created this one to try to catch the eye of anyone with ET and court bundle experience who may be able to help.

 

I am representing myself, and I feel confident enough to do so but need some advice. I didn’t want to have the expense and visits to a solicitor (I am disabled and house bound much of the time), however I know that I do need some advice on my witness statement etc so I am arranging to see one in the middle of the week, but in the meantime I wondered if anyone could help me with the bundle questions which I have?

 

As background to these questions - I requested a postponement to the court (via a written formal request) to change the day for exchanging list of docs, document bundle and witness statements as it was physically impossible for me to meet with the deadlines (imposed by the court order) due to my disability. This request to the court was refused by the judge.

 

I missed the date for exchange of documents, and received the ‘refusal to postpone’ response from the court 2 days prior to the order date for bundle creation. I spoke with a solicitor who advised that I should contact the respondent to request a short delay.

 

The respondent refused (with threat of a strike out if I didn't meet with the ordered date) but ‘allowed’ me to present my list of docs and copies of on the actual day ordered for the bundle creation.

 

I furnished them with the documents on the 'ordered' date for the bundle to be exchanged, since then:

 

1. They added new documents to their ‘list of documents’ on the date of ‘bundle creation’, after receiving my full document list and copies of docs.

They sent me the actual copy of their documents the day after the 'bundle date', which included new docuemnts not previously declared. i.e. they listed them to me after the 'bundle date' which of course means that these were added only after viewing my documents to be enclosed into the bundle.

 

2. They also removed documents from their list, which I intended to rely upon for evidence.

3. They have included a ‘without prejudice letter’ (from my solicitor appointed at the time - there was a compromise agreement situation which failed)

4. I have also realised I missed out some critical evidence from the bundle.

 

Questions:

 

1. In reference to the docs they have added docs without letting me know, would this put me in a good position to ask them to add documents to the bundle? My own and the copies they removed from their list? Really the question is - how do I get docs added to the bundle after the 'ordered bundle date'. I would like to have them added within the next few days, to ensure there is sufficient time to allow reference to them in the witness statements.

 

2. Can I insist the docs which are ‘without prejudiced’ are removed?

 

3. Should the respondent present me with a copy of the bundle, so that I am able to reference the relevant document numbers in my witness statement?

 

Any help however small would be really appreciated

 

thanks

MisTaken

[madari]

Hi '

 

Before I can answer your query i need to know the following:

 

How many documents are you talking about? Ie, the one`s that have been excluded and the ones that you need to rely on but are not included in the current bundle.

 

Remember all the documets that are to be relied upon have to be agreed by both parties.

[MisTaken]

Hi '

 

Before I can answer your query i need to know the following:

 

How many documents are you talking about? Ie, the one`s that have been excluded and the ones that you need to rely on but are not included in the current bundle.

 

Remember all the documets that are to be relied upon have to be agreed by both parties.

 

Hi,

Of their own disclosure list, the respondent excluded 3, and added another 10 (previously undisclosed) and I would like the original 3 added back into the bundle and to add an additional 2 which I accidently omited (and failed to disclose as they were filed away in envelopes and I forgot about them due to time pressure of preparing bundle).

I hope this information helps.

thanks

[rebel11]

Hi Mis

 

Write to the Chairman of Tribunals and explain whats happened, explain what the Respondent has done and what you'd like included. If the Repondent is disputing the vaildity of any of the documents ask that they be included in the Bundle but in a different section. This souldn't be an issue. Give reasons for wanting them included.

[madari]

Hi Mis

 

Write to the Chairman of Tribunals and explain whats happened, explain what the Respondent has done and what you'd like included. If the Repondent is disputing the vaildity of any of the documents ask that they be included in the Bundle but in a different section. This souldn't be an issue. Give reasons for wanting them included.

 

Hi,

 

Alternatively , if the respondents are being unreasonable then take 6 copies of each documents that you wish to be included in the bundle to the hearing, on the day of the hearing ,and explain to the judge why you wish the above mentioned documents to be included in the bundle,the Judge will not refuse your request of that i am sure.

 

Another way is to apply for a Case managemant discussion[CMD], this can be done by writing to the tribunal.

 

Good luck